“If you are a seriously injured Defense Base Act Worker – you need to know the facts of life. We give it too you straight. No sugar added. Just good old fashioned, unsweetened truth.” America’s Leading DBA Attorney – Bill Turley
Defense Base Act – Nature and Extent of Disability: Scheduled Injuries
Categories Of Disabilities Under the DBA
Under the Defense Base Act, there are four different categories of disabilities: permanent total disability; temporary total disability; permanent partial disability; and temporary partial disability.
Nature of Disability vs. Extent of Disability
Importantly, there are two independent areas of analysis: nature (or duration) of disability and degree of disability. Temporary and permanent go to the nature of the disability. Total and partial go to the degree (read: extent) of the disability.
In regards to degree or extent of disability, the Defense Base Act is predicated on what part of your body was injured. There are Scheduled Injuries: leg, arm, hand, foot, hearing loss injuries. For these body parts, your disability award is based upon a schedule. Meaning, using the AMA Guides to the Evaluation of Permanent Impairment, your award will be based upon your percentage of disability for your affected body part.
For Unscheduled Disabilities, be sure to check out our articles about Nature and Extent of Disability relating to Unscheduled injuries (back, neck, spine, shoulder, head, psych, internal injuries).
Case Example: A Serious Leg Injury
In this case study, we will assume you are a DBA worker that suffered a serious leg injury in Afghanistan. In this example, you have an Average Weekly Wage of $1,525.58. Your doctor uses the AMA Guides to determine you have a 24% impairment of the lower extremity.
First, you start with the total number of weeks for a lower extremity: 288 weeks.
288 weeks x 54% = 155.2 weeks
Second, determine your Compensation Rate by multiplying your Average Weekly Wage by 2/3’s.
$1,525.58 x 2/3 = $1,017.05
Third, multiple the number of weeks times your compensation rate.
$1,017.05 x 155.2 weeks = $158,171.61
Thus, under these facts, your permanent disability award will be $158,171.61. This is the extent of your permanent disability.
Don’t Leave Money On The Table
Under this case study, your DBA claim has more “value” than $158, 171.61. You may also be entitled to past temporary total disability compensation. In addition, your Average Weekly Wage may also be able to be raised. It depends.
Finally, your claim also has considerable value in regards to future medical treatment.
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